Q: My brother and I inherited some land from my father when he died in his will. It was to be divided equally between us.
My brother was executor over my fathers will and we did not divide the land before the will was probated. We acquired it at the same time and just owned it jointly together, either could use it however they wanted. We just never had any reason to divide it. It was recorded in both our names together when the will was probated, my brother receiving a executors deed at the time. Would this be considered a joint tenancy or tenancy in common since we never divided it and got deeds in both our names?? He passed away unexpectly without a will..and I need to know if his part should go to me being the co owner and since it was left to us in my fathers Will
A: IF your father'swill was probated and the land was deeded to you and your brother, you are tenants in common in the land, in all likely-hood. Read the deed that was executed when the estate was closed. What does it say? Was an estate even opened? If not, the will is not effective. How long ago did your father die? More than 5 years ago? If so, the will cannot now be made effective. You need to talk to a Probate lawyer in your county.
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